Bombay High CourtCAO/1292/2017admittedallwdgrantedrule absolute

Employees State Insurance Corporation, Nagpur Thr. Joint Regional Director v. Chandrapur Zilla Dudh Utpadak Sahkari Ori. Sangh Maryadit, Chandrapur

2018-08-09Hon'Ble Mrs. Justice Swapna Joshi2 pages

09.08.CA0.1292.17+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (o) NO.1292/2017 & MCA. NO(ST) NO. 17029/2017 IN FIRST APPEAL NO.347/2003 (Employees State Insurance Corporation vs. Chandrapur Zilla Dudh Uptadak Sahakari Sangh Maryadit, Chandrapur. ) ...................................................... .............................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mrs B P Maldhure, Adv. for appellant/applicant CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 9th August, 2018.

This is an application seeking condonation of delay in filing the application for restoration of the First Appeal dismissed on 11.12.2006 vide order dated 9.10.2007.

Heard learned counsel for the applicant/appellant. For the reasons mentioned in the Application, I am satisfied that the delay deserves to be condoned. The delay in filing the restoration application is hereby condoned. The Civil Application is allowed and disposed of.

MCA (ST) NO. 17029/2017 This is an application seeking restoration of the First Appeal dismissed on 11.12.2006 vide order dated 9.10.2007. Heard learned counsel for the applicant/appellant. For the reasons mentioned in the Application, and considering the peculiar facts of the matter, I am inclined to restore the First Appeal. The Appeal is restored to file. The MCA is allowed and disposed

09.08.CA0.1292.17+ of.

FIRST APPEAL NO........./2017.

Learned counsel for the appellant submits that the respondent-establishment has been closed and further details of the said establishment are not available.

The pursis is taken on record and marked as Exh."X" for the purpose of identification.

In view of the pursis filed by the appellant and in view of the statement made at the bar, the Appeal stands dismissed for want of prosecution.

JUDGE sahare